Lacorte back on primary ballot in Rockland exec race

Judge says Suffern mayor may resume campaign

Aug. 7, 2013

Dagan Lacorte

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David Fried. File photo/The Journal News

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NEW CITY — A state judge returned Suffern Mayor Dagan Lacorte to the Democratic primary ballot for Rockland County executive, making it a three-way race once again.

A spokesman for David Fried, the candidate who challenged the ballot petition, said Tuesday that the campaign’s lawyer would appeal the judge’s decision on Thursday and anticipates a hearing next week before the state Appellate Division.

On Monday, state Supreme Court Justice Gerald Loehr found Lacorte’s ballot petitions had more than the 2,000 needed signatures for placement on the Sept. 10 primary ballot. Loehr overruled the Rockland Board of Elections’ decision invalidating Lacorte’s candidacy after hearing three days of testimony and arguments by lawyers at the Rockland County Courthouse in New City.

Loehr, however, upheld the board’s decision to invalidate the candidacy of Vladimir Leon, a Spring Valley resident. The board’s two election commissioners found Leon’s petition lacked 2,000 valid signatures.

Fried, a former legislator and Spring Valley judge, and three of his volunteers had challenged the petitions submitted by Lacorte and Leon.

The third active Democratic candidate is Ilan Schoenberger, a county legislator and former longtime county attorney. No one challenged his petitions.

Fried’s campaign will appeal Loehr’s decision regarding Lacorte, campaign spokesman Stephen Papas said. He said a decision to appeal must happen this week because of the short time frame before the primary election.

The campaign reviewed Loehr’s decision and found that its arguments were not seriously considered, Papas said.

In a statement, Fried said he was “disappointed that the bipartisan determination of the Rockland County Board of Elections was overturned. The voters of Rockland deserve better from their candidates than the fraudulent petitions submitted by the campaigns of Dagan Lacorte and Vladimir Leon.”

Lacorte said in a statement Tuesday night: “Today’s Supreme Court ruling validated my signatures and ensured that my name will remain on the ballot. With this behind us, I will continue sharing my plans to clean up Rockland County government.

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“It is unfortunate, however, that instead of addressing this serious matter, David Fried continues to waste the courts’ time and money.”

The Suffern mayor has maintained that the Board of Elections commissioners and Fried are part of the Rockland political establishment opposed to change that he represents, and that they tried to stifle his candidacy.

Election Commissioners Kristen Zebrowski Stavisky and Louis Babcock invalidated many of the signatures, leaving Lacorte with 1,926. Stavisky is the Democratic commissioner and Babcock is the Republican commissioner.

Lacorte’s lawyer, Jerry Goldfeder, argued in court papers that the petition was valid and the challenge should be tossed. He said the “objectors failed to prove, by any standard, that even one signature ... was done in error. As a matter of law, therefore, objectors failed to make out a prima faciecase in their invalidating proceeding. It should be dismissed outright.”

Election laws for petitions are highly technical, mandating signers and witnesses are registered to vote, and include their full addresses and correct party affiliations, among other rules. The state’s laws for ballot access have long been called archaic.

Loehr found Lacorte had 2,022 valid signatures. Loehr’s original decision placed the number at 2,096 but a mathematical error was pointed out to the judge, Papas said.

Loehr resurrected enough signatures challenged by Fried to put Lacorte back into the primary. For example, Loehr cited 45 signatures witnessed by attorney Ryan Karben, a major financial contributor and adviser to Lacorte’s campaign. Karben is a former county legislator and state Assembly member.

The signatures were dismissed by the Board of Elections because Karben’s hometown was listed as Haverstraw instead of Pomona in Ramapo. The judge noted Karben’s correct hometown was listed elsewhere and the error was not fatal.

Loehr found that the objectors “failed to show the designating petition was permeated with fraud or that the candidate has participated in any fraud.”